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HF 2403

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the legislature; proposing an amendment to the Minnesota
Constitution, article IV, section 4; providing for temporary successors to
members of the legislature called into active military service; providing for
implementing statutory language; proposing coding for new law in Minnesota
Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article IV, section 4, will read:
new text end

Sec. 4.

Representatives shall be chosen for a term of two years, except to fill a vacancy.
Senators shall be chosen for a term of four years, except to fill a vacancy and except there
shall be an entire new election of all the senators at the first election of representatives after
each new legislative apportionment provided for in this article. The governor shall call
elections to fill vacancies in either house of the legislature.new text begin The legislature shall provide
by law for the prompt and temporary succession to the powers and duties of a member of
the legislature if the incumbent member is unavailable to perform legislative functions or
duties due to being ordered to active duty in the armed services of the United States.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2010 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to authorize the legislature to enact
laws providing for prompt and temporary succession to the powers and duties of a
legislator who is ordered to active duty in the armed forces of the United States?
new text end

new text begin Yes
.
new text end
new text begin No . "
new text end

Sec. 3.

new text begin [3.025] TEMPORARY SUCCESSOR; SELECTIONS; DEFINITIONS.
new text end

new text begin (a) In accordance with article IV, section 4, of the Minnesota Constitution, for each
legislator who is ordered to active duty in the armed services of the United States, a
designee shall be selected to act as a temporary successor to the legislator's powers and
duties during the period the legislator is on active duty.
new text end

new text begin (b) Each person designated to serve as a temporary successor for a legislator must
have the qualifications and eligibility to serve as a member of the legislature from the
district of the legislator for whom the person has been designated.
new text end

new text begin (c)(1) Each legislator who may be ordered to active duty in the armed services of the
United States shall submit in writing to the presiding officer of the house of the legislature
of which the person is a member the names and contact information of at least three
qualified nominees to be the legislator's temporary successor.
new text end

new text begin (2) A legislator who is notified that the legislator is being ordered to active duty in
the armed services shall immediately notify the presiding officer of the legislator's house
of the legislature of the time period the legislator anticipates being unavailable to perform
the powers and duties of the legislator's office.
new text end

new text begin (3) Upon notification that a legislator has been ordered to active duty, the appropriate
presiding officer shall immediately designate a temporary successor from the list of
qualified nominees submitted by the legislator. The presiding officer shall immediately
notify each member of that legislator's house of the legislature of the name of the person
designated to serve as a temporary successor.
new text end

new text begin (d) A temporary successor shall serve at the pleasure of the house of the legislature
of which the person is a temporary member, and all constitutional and statutory provisions
pertaining to the discipline and expulsion of a legislator shall be applicable to a temporary
successor.
new text end

new text begin (e) If a temporary successor is unable to serve for any reason, the appropriate
presiding officer shall designate a different person to serve from the list of qualified
nominees submitted by the legislator.
new text end

new text begin (f) For purposes of this section, "armed services" means the armed forces of the
United States as defined by United States Code, title 10, section 101(a)(4), including
reserved components of the armed forces, the Army National Guard, and the Air National
Guard.
new text end

Sec. 4.

new text begin [3.026] ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR
BY TEMPORARY SUCCESSOR.
new text end

new text begin A temporary successor shall exercise the powers and assume the duties of the
legislator from the date the legislator reports to active duty until the legislator notifies the
presiding officer of the legislator's house of the legislature that the legislator can exercise
the powers and duties of the legislator's office. However, no temporary successor shall
serve in such capacity beyond the end of the term of office of the legislator for whom the
successor is designated.
new text end

Sec. 5.

new text begin [3.027] PRIVILEGES, IMMUNITIES, AND COMPENSATION OF
TEMPORARY SUCCESSORS; COMPENSATION OF LEGISLATOR.
new text end

new text begin (a) During the time period a temporary successor exercises the powers and assumes
the duties of a legislator, the successor shall be accorded the privileges, immunities, and
compensation to which a legislator is entitled.
new text end

new text begin (b) During the time period a temporary successor is exercising the powers and duties
of a legislator on active duty, the legislator on active duty shall not be entitled to the
legislator's salary or other compensation. However, the allowances for the district office
of the legislator and the provisions for the legislator's legislative assistant or assistants
shall continue in a manner provided by law and the rules of procedure of the legislator's
house of the legislature.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 3, 4, and 5 are effective on adoption of the amendment to the Minnesota
Constitution proposed to the people in section 1.
new text end